SULU-GAMBARI, J.C.A: (Delivering the Leading Judgment): At the trial court, the plaintiff claimed as per its writ of summons as follows:-
"The Plaintiff claims from the Defendant the sum of N231,837.00 being balance due and owing to the Plaintiff from the Defendant in respect of the building of a Block of Flats, Guest-House and residence at Ifako-Agege. The Plaintiff also claims interest on the said sum at the rate of 15% p.a. from 15/10/86 (when the Defendant agreed to pay the said sum instalmentally) until the said sum and costs are liquidated."
Pleadings were filed and exchanged by the parties and the matter proceeded to trial. The plaintiff contracted at an agreed price and at the defendant's request to build for the defendant at Ifako- Agege, Lagos State, certain structures comprising a block of six flats, a guest-house, a residence and a mosque. The project was duly executed.
Following reconciliation of accounts, the defendant accepted in October, 1986 that a sum of N231,837.00…